Representation Agreement

Representation Agreement

Karen G. Shin August 18, 2010

 

This article provides information only, not legal advice. If you have a legal problem or need legal advice, contact us at info@logoslaw.ca or call us at 604-294-0101.


What is a representation agreement?

 

The Representation Agreement Act allows you to appoint someone as your representative to handle your personal care and health care decisions, in the event you are unable to make them on your own. You can also authorize the Representative to make certain legal and financial decisions that relate to routine management of financial affairs (such as bill payment, depositing pension and other income, paying for food and accommodation). A Power of Attorney should be the primary tool for authorizing another to make legal and financial decisions on your behalf. 

What are the benefits of having a Representation Agreement? 

  • You can empower someone to make health care decision with access to your medical records; 

  • You can specify your consent or refusal to specific types of treatments; 

  • Your Representative MUST follow your instruction in the Representation Agreement, not his/her own opinions or beliefs; and

  • Your Representative will have legal authority to act on your behalf on personal care and health care matters without court proceedings.

Are there different types of representation agreements?

There are two types of Representation Agreement: 

  • Section 9 Enhanced Representation Agreement – This is the more common form of Representation Agreement.  It is a comprehensive agreement that can deal with complex legal, personal care and health care matters, including making decisions regarding life support if you become terminally ill. 

  • Section 7 Limited Representation Agreement - The type of authority that can be granted to your Representative is limited to personal care, routine management of financial affairs (as it relates to personal or health care); however, you cannot include authority to refuse health care that are necessary to preserve life or the authority to restrain or relocate you if you refuse (even if you are incapable at that point).  You must appoint a Monitor, in addition to the Representative, unless the Representative is your spouse or you have appointed multiple Representatives to act unanimously.   

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